Barnes v (1) Martello Professional Risks Ltd & Others (2) Parabis Law LLP - misunderstanding as to purpose of PHR in TUPE claim was ground for review

Two distinct points arise from this case: (1) where there is consultation under TUPE with a recognised trade union, only that trade union (and not individual employees) have the right to complain under TUPE 2006 Reg 15 about a failure to consult; (2) a genuine misunderstanding of the nature of a hearing, not only by a party but also by the judge, is a proper ground for concluding that the interest of justice require a review.

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